New law could impact case of Jacksonville resident Marissa Alexander

Florida Gov. Rick Scott has signed a bill into law that is designed to extend the state’s Stand Your Ground law to people who fire warning shots.

The bill could help Jacksonville resident Marissa Alexander go free, however disagreement exists on whether she was actually firing a warning shot when she fired in the direction of her estranged husband and two of his children.

House Bill 89 allows Florida residents to display guns and fire warning shots if they feel threatened. It expands Florida’s Stand Your Ground law, which says people don’t have the duty to retreat if they are threatened, and can meet that threat with deadly force.

Scott spokeswoman Mallory Deason said the governor got 72 calls and two letters about the bill with 46 of the letters opposed to the bill, 20 supporting it, and six not making clear what their stance was. The two letters both opposed the bill.

Jacksonville Sheriff John Rutherford said he was glad to see the governor sign the bill.

It clarifies what is acceptable self defense, which is good for law enforcement, he said.

It also allows judges to depart from 10-20-life sentencing mandates when defendants had a good-faith belief that they were in danger. The state’s 10-20-life law now requires that anyone convicted of a crime involving the firing of a gun gets 20 years in prison.

Rutherford said he liked that section of the law because it provided more protection for people who were defending themselves in good faith.

Rep. Neil Combee, R-Polk City, the sponsor of the bill, has said it was partially inspired by Alexander. The 33-year-old Jacksonville woman has been charged with three counts of aggravated assault after firing a shot in the direction of her estranged husband, Rico Gray, and his two young children during an argument. She has claimed it was a warning shot, while prosecutors argue she could have hit Gray or his children because the bullet went into the wall and not the ceiling.

Her retrial was delayed earlier this month due to uncertainty over whether Scott would sign or veto House Bill 89. The case has generated international attention with some arguing that Alexander, a black woman, wouldn’t have been charged if she was white.

Alexander’s lawyers emailed a statement to the Times-Union Friday afternoon that said they were grateful the governor had signed the bill into law.

Prosecutors and defense lawyers in the case disagree about what this will mean. Faith Gay, one of Alexander’s lawyers, previously said the legislation would apply to her client because it was written partially with her in mind.

But prosecutors have argued that the bill is not retroactive, and would not impact her case even if it was because she didn’t fire a warning shot.

Rutherford said he wasn’t worried about unforeseen consequences of the bill, and doesn’t think the new law will let Alexander go free.

“When you look at the facts of the Marissa Alexander case, (the bullet) went into the wall and into the next room,” Rutherford said. “That was not a warning shot.”

Democrats in both chambers tried unsuccessfully to amend the bill to remove a provision allowing records to be expunged if people who claim “stand your ground” are found innocent. They said keeping open the records would make the laws success or failure easier to track.

Rutherford said he liked that section of the bill.

“It offers expungement opportunities for people who are found innocent,” Rutherford said. “That’s a good thing.”

But Republicans argued that people who are forced to defend themselves shouldn’t have a criminal record as a result.

The News Service of Florida contributed to this story

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